If heeded, Ramaphosa's judicial commission could mark a new era of integrity in South Africa

Daily Maverick

16 hours ago

President Cyril Ramaphosa's announcement on Sunday night of a judicial commission of inquiry into alleged corruption and political interference in South Africa's policing authorities may prove to be a pivotal moment in the country's battle to restore public trust in our justice system.
Sparked by alarming claims from KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, this inquiry now sits at the crossroads of institutional reform and constitutional accountability.
Yet, the depth of the allegations suggests this moment demands more than a routine political reaction — it demands a national reckoning. The breadth and depth of the allegations are astonishing.
The accusations include sabotaging politically motivated investigations, collusion with criminal syndicates, and systemic infiltration of the police, prisons, the prosecuting authority and judiciary.
The immediate placement of Police Minister Senzo Mchunu on special leave has raised difficult but essential questions. Is special leave an adequate response to such serious allegations? Should stronger disciplinary or even prosecutorial measures have been considered? Is the South African Police Service fundamentally compromised and in urgent need of comprehensive reform?
Ramaphosa's announcement rightly triggers comparisons to one of the most consequential corruption probes in modern democratic history: the 1989 Fitzgerald Inquiry in Queensland, Australia. South Africa's unfolding inquiry finds a striking echo in the celebrated Fitzgerald Inquiry, which was also a response to deep-seated police and political corruption.
System overhaul
That investigation, formally known as the Commission of Inquiry Concerning Possible Illegal Activities and Associated Police Misconduct, exposed systemic corruption within Queensland's police force and government, ultimately transforming both. Led by Justice Tony Fitzgerald, the inquiry not only toppled a sitting premier and sent a police commissioner to prison — it overhauled entire systems of oversight, ethics and accountability.
What made the Fitzgerald Inquiry so transformative was its scope. It did not merely focus on individual wrongdoing, but illuminated how institutional rot takes root and flourishes when cultures of impunity go unchecked.
It exposed bribery, illegal gambling, prostitution rings and deep ties between organised crime, the police and politicians. Fitzgerald's final report issued more than 100 recommendations, including the restructuring of the Queensland Police Service, the creation of independent oversight bodies such as the Criminal Justice Commission (now the Crime and Corruption Commission), and stronger protections for whistle-blowers.
Importantly, Premier Joh Bjelke Petersen resigned, and Police Commissioner Sir Terence Lewis was jailed (and stripped of his knighthood). Crucially, these were implemented with political will and public support.
In South Africa, the echoes are disturbingly familiar. Our nation has already endured the corrosive effects of corruption — and the lesson should be clear: superficial reform is not reform at all.
Once again, we find ourselves confronted by allegations not merely of individual misconduct, but of a coordinated attempt to subvert justice for political ends. The question is no longer whether we should act — but how comprehensively we are willing to do so.
Scapegoating
Ideally, the scope of the judicial commission must extend beyond Minister Mchunu. While his alleged actions are deeply troubling, isolating him risks scapegoating one individual while ignoring the broader dysfunction.
Perhaps the inquiry must probe the entire law and justice cluster, including the police, prison services, the National Prosecuting Authority and even elements within the judiciary itself.
These institutions form the bedrock of our democracy. If they are compromised, our constitutional order is not merely under strain — it is under siege. By broadening the mandate, the commission can identify root causes — hierarchies of power, gaps in internal oversight, incentive systems — and guide comprehensive reform. The EFF decried 'special leave' as a 'cowardly deflection', alleging that it breaches Section 98 of the Constitution on ministerial accountability.
Constitutionally, South Africa has robust protections designed to uphold the rule of law, from judicial independence (Section 165) to prosecutorial impartiality (Section 179). Yet these safeguards are only as effective as our willingness to defend and enforce them.
Ethical governance requires more than rhetorical commitment — it demands action, including real consequences for breaches of public trust. Placing a minister on leave is a procedural start, not a resolution.
One should not be perceived as an alarmist. However, it would be short-sighted to ignore concerns expressed by others that ethics and accountability are under siege. South Africa's constitutional democracy depends on the integrity of its law-and-order structures
Comparative global examples reinforce this. Other nations facing similar crises have taken decisive action: In Italy, the Mani Pulite ('Clean Hands') investigations during the 1990s led to widespread arrests and political resignations, reshaping Italian politics and reinforcing prosecutorial independence.
Police reforms
In India, landmark Supreme Court rulings of 2006 catalysed police reforms and called for the establishment of independent complaint authorities. The court directed all States and Union Territories to constitute Police Complaints Authorities (PCAs) in its landmark judgment on police reforms.
These examples demonstrate that institutional failure can be overcome — but only through transparency, accountability, and systemic reform.
In our current moment, the South African public deserves more than the promise of justice — they deserve its full pursuit. Anything less would not only betray the ideals enshrined in our Constitution, it would squander a rare and crucial opportunity for renewal.
If treated as a mere exercise in optics, the effort risks joining past commissions that failed to deliver change. But if heeded — and acted upon — the inquiry could mark the beginning of a new era of integrity in South Africa. DM